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DECREE No

DECREE No.36-CP ON THE 29TH OF MAY 1995 OF THE GOVERNMENT ON ENSURING TRAFFIC ORDER AND SAFETY ON ROADS AND IN URBAN CENTERS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government on the 30th of September 1992;

At the proposal of the Minister of Communications and Transport and the Minister of the Interior,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- To issue, enclosed with this Decree, the Regulations on Traffic Order and Safety on Roads and in Urban Centers; to define the task and powers of the Ministries, branches and the People's Committees of the provinces and cities directly under the Central Government in ensuring traffic order and safety on roads and in urban centers.

Article 2.- The State agencies, economic organizations, social organizations, the armed forces units, and everybody have to strictly observe the law on traffic order and safety on roads and in urban centers.

All foreign organizations and individuals working and residing on Vietnamese territory have to scrupulously observe all regulations on traffic order and safety on roads and in urban centers.

Article 3.- The Vietnam Fatherland Front and its member organizations within the purview of their task and powers have to implement the regulations on traffic order and safety on roads and in urban centers, educate and encourage the people in doing so, and supervise their implementation.

Article 4.-

1. Any violations of traffic order and safety on roads and in urban centers must be handled strictly, against the right persons, on the right counts and in accordance with law. Any offenders must be handled depending on the character and extent of the offence, whether they are pedestrians or drivers of rudimentary means or motorized vehicles. The principle that everybody is equal before law shall apply. With regard to those vehicles driven by hired drivers, the responsibility of the driver and the owner of the vehicle should be made clear.

2. Those who take advantage of an accident to pressurize one party or the other, or obstruct its handling, must also be handled according to law.

3. Those who are assigned the task of ensuring traffic order and safety on roads and in urban centers such as patrol and supervision, handling violations, granting driver licenses and circulation permits, checking technical safety, registering vehicles... and who fail to fulfil their task, demand bribe or cause trouble, shall be severely handled by law.

Chapter II

STATE MANAGEMENT OF TRAFFIC ORDER AND SAFETY ON ROADS AND IN URBAN CENTERS

Article 5.- The task, responsibility and powers of the Ministry of Communications and Transport:

1. Issuing the technical norms for road projects and the regulations for their use with the aim of ensuring traffic safety; conducting periodical inspections of road projects and issuing timely notices to ensure safety for road users.

2. Defining the technical norms for and organizing careful inspection and control of the technical quality of overland transport means, and periodically issuing circulation permits.

3. Defining the conditions, standards and procedure for granting operating permits to the establishments assigned to conduct periodical technical inspection of overland transport means.

4. Managing the training and the granting of certificates and driver licenses to drivers of overland transport means.

5. Organizing, directing and checking the system of inspection and defense of roads nationwide. Imposing administrative sanctions within its powers on violations of the Ordinance on the Protection of Road Projects.

6. Cooperating with the Ministry of the Interior in monitoring and analyzing the causes of traffic accidents in order to take efficient measures to prevent accidents.

7. Working with the Ministries concerned to draft documents and other papers on traffic regulations for popularization to the general public.

8. Working with the Ministry of the Interior in putting up traffic signs and traffic lights, marking traffic lines and lanes, zebra crossings, no parking, no stop signs on roads and streets.

9. Closely directing the State managing agencies in the land communications and transport service to assume, manage and implement the tasks transferred by the Ministry of the Interior to the Ministry of Communications and Transport in order to avoid affecting the normal activities of the owners of means of transport.

Article 6.- Tasks and powers of the Ministry of the Interior:

1. Organizing the inspection, registration and management of motorized overland transport means and the drivers in the police force. Organizing the registration and the granting of number plates for the means of transport on roads (including the motorized vehicles of the economic enterprises of the Ministry of Defence founded in accordance with Decree No.388-HDBT, except those vehicles used for military purposes. Making timely notices to the communications and transport service for monitoring and management.

2. Organizing the inspection, supervision and handling of violations of traffic order and safety on roads and in urban centers.

3. Establishing traffic control stations. Defining the tasks and powers of these stations.

4. Organizing, directing and controlling traffic in urban centers and vital road intersections; in case of emergency, the Ministry can mark traffic lines and lanes and temporary signs for no parking and no stop.

5. Organizing investigation and handling of traffic accidents. Working with the Ministry of Communications and Transport to register, monitor, analyze traffic accidents and draw conclusions on their causes, suggesting and organizing the implementation of measures to prevent traffic accidents.

6. Defining the technical norms and issuing permits for the transport of toxic and inflammable substances and explosives.

7. Organizing inspection of the implementation of the tasks of the traffic police in ensuring traffic order and safety on roads and in urban centers.

Article 7.- The tasks and powers of the Ministry of Defense:

1. Organizing the inspection, registration and management of the motorized vehicles and drivers belonging to the Ministry of Defense (except those vehicles used for economic activities which are registered and issued number plates by the Ministry of the Interior.)

2. All motorized vehicles and drivers under the control of the Ministry of Defense when driving on roads must observe traffic regulations and are subject to the inspection and control by the forces assigned to ensure traffic order and safety on roads and in urban centers.

Article 8.- Tasks and powers of the Ministry of Finance:

1. Presiding over and in cooperation with the Ministry of the Interior, the Ministry of Communications and Transport and the branches concerned to guide and organize the collection of fines for administrative offenses.

a/ Issuing and managing uniform receipts and vouchers concerning the collection of fines for administrative offenses.

b/ As from the 1st of August 1995, the persons authorized to impose fines for administrative offenses shall not directly collect the fines.

c/ Any organizations and individuals who are fined for administrative offenses must pay the fines at the designated places.

All payments for fines of administrative offenses must be remitted to the State budget.

d/ Organizing convenient places along the roads to collect fines for administrative offenses.

2. In drafting their annual budgets, putting aside a fund for the maintenance of traffic order and safety as proposed by the Ministry of Communications and Transport, the Ministry of the Interior, and the People's Committees of the provinces and cities directly under the Central Government.

3. Guiding the management and use of fines; all the fines for administrative offenses in traffic order and safety shall be used for the maintenance of traffic order and safety as planned.

4. Organizing the inspection and control of the management and use of the payments collected from fines as stipulated.

Article 9.- Tasks and powers of the Ministry of Trade:

In making its annual plan for the importation of means of transport, it must get the approval in writing of the Ministry of Communications and Transport concerning the quantity and categories to be imported in accordance with set technical standards and the present state of roads and bridges.

Article 10.- Tasks and powers of the Ministry of Culture and Information:

Directing the culture and information services, the central and local press to regularly popularize the law on traffic order and safety.

Article 11.- Tasks and powers of the radio broadcasting and TV stations:

The Voice of Vietnam Radio, the Vietnam Television Station, and the local radio and TV stations should reserve a proper time length for the popularization of traffic order and safety free of charge.

Article 12.- Tasks and powers of the Ministry of Education and Training:

1. Presiding over the compilation, and in cooperation with the Ministry of Communications and Transport and the Ministry of the Interior to compile text-books on traffic safety regulations for inclusion in the curricula of all schools from kindergartens to universities, and books on traffic safety regulations.

2. Collaborating with the Ministry of Communications and Transport in managing driving schools.

Article 13.- Tasks and powers of the Ministry of Construction:

1.In making architectural designs and plans and building towns and residential quarters, it must reserve the necessary space for roads and support facilities to ensure traffic order and safety in towns.

2. In granting permits for the building of residential quarters, hotels, shopping malls, office buildings, schools, rest and recreation centers... it must reserve space for parking areas as required by each project. It is forbidden to park on road beds or pavements.

Article 14.- Tasks and powers of the People's Committees of the provinces and cities directly under the Central Government:

1. Directing and taking all necessary measures to establish traffic order and safety in their localities.

2. Clearing the road beds and pavements which have been illegally occupied so that the pavements are used only by pedestrians, and the road beds only for the traffic of motorized and non-motorized means. Making concrete stipulations on the use of the inner part of the pavements on a number of specific streets for trading without affecting traffic order and safety.

3. Together with the Ministry of Communications and Transport, making an urgent plan to build and broaden the roads at the bottlenecks which are likely to cause traffic congestion.

4. Directing the People's Committees at the lower level to plan and arrange convenient market-places and places for trading activities for the people without affecting traffic order and safety.

5. The renting of pavements and road-beds for trading in any forms is strictly banned.

Chapter III

IMPLEMENTATION PROVISIONS

Article 15.- The Minister of Communications and Transport, the Minister of the Interior, the Minister of Defense, the Minister of Finance, the Minister of Trade, the Minister of Justice, the Minister of Education and Training, the Minister of Construction, the Minister of Culture and Information, the Directors of radio stations and the Directors of TV stations, within the purview of their function and task shall have to guide and organize the implementation of this Decree.

Article 16.- The Presidents of the People's Committees of the provinces and cities directly under the Central Government basing themselves on the situation and characteristics of their localities shall have to make detailed regulations and concrete plan to implement this Decree.

Article 17.- The Ministers, the Heads of the agencies attached to the Government, and the Presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

This Decree takes effect from the 1st of August 1995.

All stipulations made earlier which are contrary to this Decree are now annulled.

On behalf of the Government

The Prime Minister

VO VAN KIET